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Central Government replied to Supreme Court about the cases against MP’s and MLA’s

In an affidavit to the Supreme Court on Monday, the Centre proposed setting up 12 special courts to try “1,581 criminal cases” pending against legislators across the country.

The Centre has told the Supreme Court that it will set up twelve special courts to speed up trials of MPs and MLAs in the country.

Following a nudge by the court, the government has informed a bench led by Justice Ranjan Gogoi that the scheme for establishing special court was ready. A total of twelve special courts will be set up across the country to adjudicate 1571 criminal cases pending against lawmakers.

Also last month, by coincidence, the Election Commission (EC) said for the first time that convicted MPs and MLAs must be debarred+ from contesting polls – ever. During a hearing, the EC told the court that a law was needed to curb the growing menace of criminalization of politics.

The Centre submitted that Rs 65 lakh would be required for setting up each court, adding up to a total of Rs 7.8 crore.

The number of courts “has been calculated on the basis of the 11th Finance Commission analysis that one such court can dispose of 165 cases per annum”, said the government. In states where there are less than 65 cases, it has been proposed that the cases should be sent to the existing fast-track courts.

Clarifying the EC’s stand, senior advocate Meenakshi Arora and lawyer Mohit DRam said the poll watchdog had already recommended to the Centre to amend an existing law to incorporate a life ban provision against convicted lawmakers. The existing law calls for a six-year ban after the lawmaker has completed their sentence.

The Centre, meanwhile, refused to take a stand on the issue and told the bench that the matter was under consideration and the government was examining the recommendations of the Law Commission and EC for imposing a life ban on convicted MPs and MLAs from electoral politics.

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